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[G.R. No. 128088.December 15, 1999]

PEOPLE OF THE PHILIPPINES vs. RONAS

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 15, 1999.

G.R. No. 128088(People of the Philippines vs. Wilson Ronas.)

On September 29, 1999, the Court required the Office of the Assistant Solicitor General handling this case to show cause why they should not be disciplinarily dealt with for failure to file the appellee's brief despite receipt by them of the appellant's brief on August 17, 1998 per the registry return card (Rollo, p. 94) submitted by counsel for accused-appellant.

It turned out that the members of the staff of the Solicitor General handling this case are Assistant Solicitor General Amy C. Lazaro-Javier and Solicitor Marissa B. Dela Cruz-Galandines. In their Compliance, dated November 12, 1999, they claimed that while they received a copy of the appellant's brief, "the OSG did not receive a copy of this Honorable Court's Resolution admitting said Appellant's Brief nor a copy of this Honorable Court's Resolution giving undersigned period to file appellee's brief" and that "[u]ndersigned . . . are [therefore] constrained under the circumstances to ask for a new period of sixty (60) days from November 4, 1999, the date of receipt of this Honorable Court's resolution to show cause, within which to file appellee's brief."

Rule 124, �4 of the Rules on Criminal Procedure provides:

When brief for appellee to be filed. - Within thirty (30) days from the receipt of the brief of the appellant, the appellee shall file seven (7) copies of his brief with the clerk which shall be accompanied by proof of service of two (2) copies thereof upon the appellant.

There was therefore no need for the Court to issue a resolution of the kind that the OSG is asking for.

WHEREFORE, the above compliance is NOTED and the Office of the Solicitor General is GRANTED an inextendible period of sixty (60) days from November 4, 1999 within which to file the appellee's brief, with admonition to Assistant Solicitor General Amy C. Lazaro-Javier and Solicitor Marissa B. dela Cruz-Galandines to be more assiduous in the performance of their duties under the law, otherwise, they will be dealt with more severely for a repetition of the same mistake.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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